01-672-10 Me. Code R. § II-23
Pursuant to the Commission's Comprehensive Land Use Plan, the following protection subdistricts are established:
The purpose of the P-AL subdistrict is to maintain and protect the existing natural values of the accessible, undeveloped, high value lakes within the Commission's jurisdiction. This is the class of lakes described as Management Class 2 lakes in the Commission's Comprehensive Land Use Plan. It is the intent of this subdistrict to restrict development.
Areas surrounding bodies of standing water classified as Management Class 2 Lakes (Accessible, Undeveloped, High Value Lakes).
The protection subdistrict must extend 500 feet from and around the water body measured from the normal high water mark.
The following uses are allowed without a permit from the Commission within P-AL subdistricts:
The following uses are allowed without a permit from the Commission within P-AL subdistricts, subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-AL subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-AL subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,2 and 3, and subject to the applicable requirements set forth in Sub-Chapter III, and there must be no more than one development unit per shore mile except as provided in Section 10.23,A,3,c, such distance measured by following the shoreline of the lake, including all shoreline irregularities, on the Commission's Land Use Guidance Map:
The following uses, and related accessory structures, may be allowed within P-AL subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, subject to the applicable requirements set forth in Sub-Chapter III, and there must be no more than one development unit per shore mile except as provided in Section 10.23,A,3,c, such distance measured by following the shoreline of the lake, including all shoreline irregularities, on the Commission's Land Use Guidance Map:
Pursuant to Statute, the following uses are not regulated by the Commission within P-AL subdistricts but are regulated by the Maine Forest Service.
All uses not expressly allowed, with or without a permit or by special exception, shall be prohibited in P-AL subdistricts.
The purpose of the P-AR subdistrict is to protect the quantity and quality of ground water supply used or potentially available for human or industrial consumption.
Areas identified by the Commission as having soil rated as highly permeable and/or surficial geologic units that are highly permeable and are hydrologically connected through highly fractured bedrock units to a ground water supply which is currently, or anticipated to be, used for public, industrial or agricultural purposes, or areas identified by the Commission as aquifer recharge areas based on studies by appropriate qualified persons or agencies where the Commission determines that such areas warrant water quality protection.
The following uses are allowed without a permit from the Commission within P-AR subdistricts:
The following uses are allowed without a permit from the Commission within P-AR subdistricts subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-AR subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, subject to the applicable requirements set forth in Sub-Chapter III, and provided that the recharge capability of the area remains the same as it would be under the area's natural state:
The following uses, and related accessory structures, may be allowed within P-AR subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:
The following use, and related accessory structures, may be allowed within P-AR subdistricts as a special exception upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,2, 3, and 8, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-AR subdistricts but are regulated by the Maine Forest Service.
All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in P-AR subdistricts.
The purpose of the P-FP subdistrict is to regulate in all flood prone areas, including areas of special flood hazard, certain land use activities in order to minimize the human, environmental, and financial costs of floods and flood cleanup programs, by protecting on-site, adjacent, upstream and downstream property from flood damage; and by minimizing danger from malfunctioning water supply and waste disposal systems in flood prone areas; and to comply with the cooperative agreement between the Land Use Planning Commission and the Federal Emergency Management Agency (FEMA) regarding the regulation of land use according to the requirements of 44 CFR Part 60.3 of the National Flood Insurance Program, so that flood insurance can be made available to persons in flood prone areas.
Areas located within the 100-year frequency floodplain, also known as areas of special flood hazard, as identified by the Commission after consideration of relevant data including, without limitation, areas determined to be flood prone by state or federal agencies, including the Flood Insurance Studies and accompanying Flood Insurance Rate Maps, Flood Boundary and Floodway Maps or Flood Hazard Boundary Maps prepared by the Federal Emergency Management Agency, historical data, and the National Cooperative Soil Survey.
The areas identified by FEMA as areas of special flood hazard (Zones A, AE, A1-30, VE) on Flood Insurance Rate Maps, Flood Boundary and Floodway Maps or Flood Hazard Boundary Maps for townships, plantations, or towns qualify as flood prone areas appropriate for protection within this subdistrict. The Commission adopts the FEMA maps as listed in Appendix E, and a note on the Official Land Use Guidance Map must refer to maps so adopted. In any case where the boundaries of the P-FP subdistrict on the Commission map differ from the boundaries of the FEMA zones, the FEMA boundaries must apply. The FEMA zones must be regulated according to the provisions of the P-FP subdistrict.
The following uses are allowed without a permit from the Commission within P-FP subdistricts or FEMA zones A, AE, A1-30, or VE:
The following uses are allowed without a permit from the Commission within P-FP subdistricts or FEMA zones A, AE, A1-30, or VE subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-FP subdistricts or FEMA zones A, AE, A1-30, or VE upon issuance of a permit from the Commission pursuant to 12 M.R.S., §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-FP subdistricts or FEMA zones A, AE, A1-30, or VE as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-FP subdistricts but are regulated by the Maine Forest Service.
All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in P-FP subdistricts and FEMA zones A, AE, A1-30, and VE.
The purpose of the P-FW subdistrict is to conserve important fish and wildlife habitats essential to the citizens of Maine because of their economic, recreational, aesthetic, educational or scientific value.
This subdistrict must include wildlife and fishery habitat the Commission determines are in need of special protection pursuant to the following standards:
Alternatively, the Commission may approve such a subdistrict change if the owner of the affected land designated as P-FW and the Commissioner of the Maine Department of Inland Fisheries and Wildlife agree that such change is appropriate or the area is not needed to meet the deer management objectives established by the Department.
Notwithstanding the above, where a P-FW subdistrict has been established for the purposes of protecting a deer wintering area, that subdistrict must not be reduced in size as a result of timber harvesting activities which would cause such subdistrict to no longer satisfy the requirements of Section 10.23,D,2,b,(1),(b).
The colonial sea bird species considered in the above determination include, but are not limited to: common eider (Somateria moullissima), Atlantic puffin (Fratercula arctica), razorbilled auk (Alca torda), black guillemot (Cepphys grylle), snowy egret (Leucophogx thula), glossy ibis (Plegadis falcinellus), arctic tern (Sterna paradisaea), common tern (Sterna hirundo), roseate tern (Sterna dougallii), herring gull (Larus argentatus), great black-backed gull (Larus marinus), laughing gull (Larus artricilla), Leach's petrel (Oceanodroma leucorhoa), double-crested cormorant (Phalacrocorax auritus), black-crowned night heron (Nycticorax mycticorax), and great blue heron (Ardea herodias).
The following uses are allowed without a permit from the Commission within P-FW subdistricts (provided, however, only wildlife and fishery management practices approved by the Maine Department of Inland Fisheries and Wildlife or the U.S. Fish and Wildlife Service must be permitted without prior approval of the Commission from May 1st to July 15th in P-FW subdistricts established for colonial nesting sea birds):
The following uses are allowed without a permit from the Commission within P-FW subdistricts, subject to the applicable requirements set forth in Sub-Chapter III (provided, however, only wildlife and fishery management practices approved by the Maine Department of Inland Fisheries and Wildlife or the U.S. Fish and Wildlife Service must be permitted without prior approval of the Commission from May 1st to July 15th in P-FW subdistricts established for colonial nesting sea birds):
The following uses, and related accessory structures, may be allowed within P-FW subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-FW subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-FW subdistricts but are regulated by the Maine Forest Service.
All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in P-FW subdistricts.
Figure 10.23,D-1 Wildlife Management Districts.
The purpose of the P-GP subdistrict is to regulate residential and recreational development on Great Ponds to protect water quality, recreation potential, fishery habitat, and scenic character.
Areas within 250 feet of the normal high water mark, measured as a horizontal distance landward of such high water mark, of those bodies of standing water 10 acres or greater in size.
The following uses are allowed without a permit from the Commission within P-GP subdistricts:
The following uses are allowed without a permit from the Commission within P-GP subdistricts subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-GP subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-GP subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,2 and 3, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-GP subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-GP subdistricts but are regulated by the Maine Forest Service.
All uses not expressly allowed, with or without a permit or by special exception, shall be prohibited in P-GP subdistricts.
The purpose of the P-GP2 subdistrict is to accommodate seasonal, recreational uses on lakes valued for their semi-remote character and determined to be suitable for limited development through a prospective planning process. This subdistrict is designed to site appropriate uses at a density and in a pattern of development that conserves the essential character of these lakes, and to accommodate traditional uses such as commercial sporting camps and public access. This subdistrict also provides a greater degree of certainty to both the landowners and the public as to the amount of development and conservation that will occur along certain lake shorelines.
This subdistrict includes areas within 500 feet of the normal high water mark, measured as a horizontal distance, of those lakes listed below:
Aziscohos Lake within Lincoln Plantation, Oxford County; Lower Richardson Lake, Township C, Oxford County.The depth of this subdistrict may be deeper than 500 feet to allow development design in the project area that better meets the purpose of this subdistrict. Adjustments will only be made that do not increase the acreage of the project area by more than 10 percent or deviate from the uses allowed in this subdistrict.
Lakes classified as Management Class 3 or 7 may be included on this list only after analysis and review by the Commission through a prospective planning process.
Using Section 10.08 of these rules, the Commission must designate areas for this subdistrict that are consistent with its purpose and suitable for supporting development when measured against the standards of 12 M.R.S. §685-B(4) and the Commission's rules and regulations.
The provisions of the P-GP2 subdistrict will not apply to any applications that have been received and deemed complete for processing by the Commission staff on or before January 1, 2001.
Development in this subdistrict will be for seasonal and recreational uses designed to conserve the shoreline character of these lakes and other values such as fisheries and solitude. Except where already in place or in locations near an existing three-phase line, utility facilities and service drops are not an allowed use in order to maintain the existing character and semi-remote experience.
The following uses are allowed without a permit from the Commission within P-GP2 subdistricts:
The following uses are allowed without a permit from the Commission within P-GP2 subdistricts subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-GP2 subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Section 10.25,A:
The following uses, and related accessory structures, may be allowed within P-GP2 subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, the criteria of Section 10.25,A, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-GP2 subdistricts but are regulated by the Maine Forest Service.
All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in P-GP2 subdistricts.
Parcels within the P-GP2 subdistrict that are in existence as of January 1, 2001 and that have more than 200 feet but less than 400 feet of shore frontage must be allowed one dwelling unit provided that other applicable requirements are met.
All parcels within the P-GP2 subdistrict that have more than 400 feet of shore frontage may be further developed subject to the following requirements:
If physical constraints restrict the development potential of more than 50% of the shore frontage of a parcel, the maximum allowable number of building units per mile of shoreline must be reduced to one per 200 feet of shoreline that is not constrained. Constraints must include slopes greater than 15%; wetlands; wildlife habitat such as deer wintering areas, eagle or loon nesting areas; habitat for rare or endangered plant and animals; unique natural communities and natural areas; and historic and archeological resources.
Individual campsites, public and private trailered ramps, permanent docking facilities and water-access ways, and non-commercial structures for scientific, educational and/or nature observation purposes must not count as building units for the purposes of calculating allowable densities. Each set of up to three additional rental rooms, at sporting camp lodges or other commercial recreational base lodge facilities with more than three rental rooms, must count as an additional unit.
The buffer must extend from the edge of the principal building, dwelling unit, rental unit, or campsite that is closest to any adjacent use.
The purpose of the P-MA subdistrict is to regulate certain land use activities in mountain areas in order to preserve the natural equilibrium of vegetation, geology, slope, soil and climate in order to reduce danger to public health and safety posed by unstable mountain areas, to protect water quality, and to preserve mountain areas for their scenic values and recreational opportunities.
Evidence submitted for consideration in determining whether areas above 2,700 feet in elevation should not be included in a P-MA subdistrict must include the following:
Evidence submitted for consideration in determining whether areas below 2,700 feet in elevation should be included in a P-MA subdistrict must include the following:
The following uses shall be allowed without a permit from the Commission within P-MA subdistricts:
The following uses are allowed without a permit from the Commission within P-MA subdistricts, subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-MA subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-MA subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-MA subdistricts but are regulated by the Maine Forest Service.
All uses not expressly allowed, with or without a permit or by special exception, shall be prohibited in P-MA subdistricts.
The purpose of the P-RP subdistrict is to provide for the more efficient and effective management of single or multiple protection subdistricts (and in some cases adjoining management subdistricts) than can be realized through the use of other protection subdistricts and their related standards. Resource Plans for such areas that are consistent with the requirements of Section 10.23,H,2 through 9 below may be submitted to the Commission for review, and upon approval, such areas must be designated as P-RP subdistricts.
"Concept plans," as outlined in the Comprehensive Land Use Plan, are included under the purpose of this subdistrict.
P-RP subdistricts must be designated in areas where the Commission has approved a Resource Plan that:
Unless the Commission otherwise provides in approving the Resource Plan, those uses that are specified in the approved Resource Plan must be allowed without a permit. The Commission may approve the creation of a subdivision within the context of a Resource Plan approved by the Commission without the need for rezoning to a development subdistrict provided such subdivision is consistent with the purpose and intent of this subdistrict.
For land within a P-RP Subdistrict, sub-areas identified in the resource or concept plan as development areas will be regulated (in regards to timber harvesting, land management roads, water crossings on/for land management roads, and gravel extraction) by the Land Use Planning Commission as development subdistricts. Areas not so identified will be regulated by the Maine Forest Service according to the underlying protection and/or management subdistrict. Specific standards incorporated into the resource or concept plans will continue to apply until the expiration or revision of the related plan.
Before the Commission must consider an application, the applicant must submit proof that the applicant owns or leases the area for which the Resource Plan is proposed.
All P-RP subdistrict applications must include at least the following information:
When the Resource Plan application involves structural development, it must include, in addition to (a) through (e) above:
The Commission may approve a Resource Plan and any associated redistricting only if it finds that all of the following criteria are satisfied:
The Commission, after staff review and recommendation, must approve or deny the redistricting application. If the Resource Plan proposal contemplates structural development, except as provided in Section 10.23,H,3, the Commission may simultaneously with its approval of the P-RP subdistrict, grant, grant with conditions, or deny, applications for such permits as are required for structural development.
Upon approval of the Resource Plan, a P-RP subdistrict must be designated on the official Land Use Guidance Map and recorded in accordance with the provisions of Section 10.04.
The provisions of an approved and recorded Resource Plan must apply for the duration of the approved time period, except that any conservation measures taken to strike a reasonable and publicly beneficial balance in a lake concept plan must continue to apply to the extent that they are covered by legal contract, deeded covenants, permit requirements, or other legal instruments. The Resource Plan must be for a minimum of 10 years and may be extended upon approval of the Commission and the applicant. The Resource Plan must become invalidated if the provisions therein are not complied with.
At the termination of a plan, the Commission will, in conformity with its comprehensive plan, statutes, and standards, designate appropriate zoning which is reasonably consistent with zoning in accordance with Section 10.08,A
In the event that a plan is terminated, all transactions initiated as a component of the plan, including without limitation, the granting of conservation easements or restrictive covenants on subdivided lands will continue to apply to the extent that they are covered by legal contract, deeded covenants, permit or other legal requirements.
Proposed amendments to the Resource Plan must be made in writing to the Commission. An amendment must be granted provided it meets the criteria for review listed in Section 10.23,H,6 above. An increase in the size of a P-RP subdistrict may be allowed by amendment, upon approval of the Commission, provided that the Resource Plan is amended to include such expanded area.
The purpose of the P-RR subdistrict is to provide protection from development and intensive recreational uses to those areas that currently support, or have opportunities for, unusually significant primitive recreation activities. By so doing, the natural environment that is essential to the primitive recreational experience will be conserved.
P-RR: Trails, and areas surrounding bodies of standing and flowing water and other areas which the Commission identifies as providing or supporting unusually significant opportunities for primitive recreational experiences.
Bodies of standing water so classified include, but are not limited to, those found to meet the definition of Management Class 1 or Management Class 6 Lakes.
In the case of Management Class 1 Lakes, the Protection District shall extend 1/4 mile out from and around the water body; in the case of Management Class 6 Lakes, the Protection District must extend 1/2 mile out from and around the water body; and in the case of trails and flowing water, the Protection District must extend 250 feet on each side of the trail or flowing water, measured from the center of the trail or the normal high water mark of the water, provided that such distance may be decreased where a lesser distance will satisfy the purpose of this subdistrict. The extent, as delineated above, of any P-RR subdistrict may be increased upon land owner agreement.
The river segments within the Commission's jurisdiction identified as meriting special protection in the Governor's Executive Order on Maine Rivers Policy, issued July 6, 1982, based upon the 1982 Maine Rivers Study of the Department of Conservation, must qualify as flowing water appropriate for protection within this subdistrict.
The following uses are allowed without a permit from the Commission within P-RR subdistricts:
The following uses are allowed without a permit from the Commission within P-RR subdistricts, subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-RR subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-RR subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-RR subdistricts but are regulated by the Maine Forest Service. Instances where a permit for the activity issued by the Maine Forest Service also requires review and approval by the Commission are noted.
In instances where review and approval by the Commission are required, the Commission will consider all applicable requirements set forth in Sub-Chapter III, except for any criteria that are duplicative of criteria considered by another state agency, and the Commission will consider whether the activity will adversely affect the resources protected by the P-RR subdistrict.
In the case of land management roads in P-RR subdstricts around bodies of standing water, the Commission must also consider whether there is any reasonable alternative route for the road and whether reasonable and adequate provisions will be made by the applicant to make the road impassable to two wheel drive vehicles following termination of the road's use.
In the case of gravel extraction for road purposes in P-RR subdistricts other than those established to protect flowing waters, the Commission must require the applicant to show by substantial evidence that (a) there is no alternative site which is both suitable to the proposed use and reasonably available to the applicant; (b) the use can be buffered from those other uses and resources within the subdistrict with which it is incompatible; and (c) such other conditions are met that the Commission may reasonably impose in accordance with the policies of the Comprehensive Land Use Plan.
All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in P-RR subdistricts.
The purpose of the P-RT subdistrict is to protect the special resource values of the flowing waters and shorelands of Maine's outstanding river segments as defined in 12 M.R.S. §403, while allowing for responsible land management and compatible development in those communities situated as transition areas between unorganized townships and municipalities outside of the Commission's jurisdiction. Such areas are subject to different pressures and uses than those in less developed areas of the jurisdiction.
Areas within 250 feet of special rivers as identified in The Maine Rivers Act, 12 M.R.S. §403, that are transition areas because they (a) are on the downstream ends of these rivers within the Commission's jurisdiction, and thus are situated between municipalities outside the Commission's jurisdiction and less developed upstream areas, and (b) have established communities and substantial development either on or proximate to the shoreline.
The following uses are allowed without a permit from the Commission within P-RT subdistricts:
The following uses are allowed without a permit from the Commission within P-RT subdistricts, subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-RT subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-RT subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-RT subdistricts but are regulated by the Maine Forest Service. Instances where a permit for the activity issued by the Maine Forest Service also requires review and approval by the Commission are noted.
In instances where review and approval by the Commission are required, the Commission will consider all applicable requirements set forth in Sub-Chapter III, except for any criteria that are duplicative of criteria considered by another state agency, and the Commission will consider whether the activity will adversely affect the resources protected by the P-RT subdistrict.
In the case of land management roads in P-RT subdistricts, the Commission must also consider whether: no reasonable alternative route outside of the P-RT subdistrict exists; they are set back as far as practicable from the normal high water mark; they follow the shortest practicable route in traversing the subdistrict; they are screened from the river by existing vegetation; and they are built in compliance with the road standards for P-SL1 subdistricts.
In the case of gravel extraction, the Commission must also consider whether the developer has demonstrated that no reasonable alternative mining sites exist outside of the P-RT subdistrict. When new sites must be located within the P-RT subdistrict, the Commission must require that they shall be set back as far as practicable from the normal high water mark and no less than 75 feet and must be screened from the river by existing vegetation.
All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in P-RT subdistricts.
The purpose of the P-SG subdistrict is to protect areas that have precipitous slopes or unstable characteristics from uses or development that can cause accelerated erosion, water sedimentation, mass movement, or structural damage, all of which could cause public danger or threaten public health.
Areas, 10 acres or more in size, identified by the Commission as having average slopes greater than 60 percent, or areas, 10 acres or more in size, identified by the Commission as having unstable soil which, due to a combination of slope, vegetation, soil type and underlying geology, are subject to accelerated erosion or mass movement.
The following uses must be allowed without a permit from the Commission within P-SG subdistricts:
The following uses must be allowed without a permit from the Commission within P-SG subdistricts, subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-SG subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-SG subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 and 3, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-SG subdistricts but are regulated by the Maine Forest Service.
All uses not expressly allowed, with or without a permit, or by special exception, shall be prohibited in P-SG subdistricts.
The purpose of the P-SL subdistrict is to regulate certain land use activities in certain shoreland areas in order to maintain water quality, plant, fish and wildlife habitat and in order to protect and enhance scenic and recreational opportunities.
P-SL1: Areas within 250 feet of the normal high water mark, measured as horizontal distance landward of such high water mark, of (a) coastal wetlands, and (b) flowing waters downstream from the point where such waters drain 50 square miles or more.
P-SL2: Areas within 75 feet, measured as a horizontal distance landward, of (a) the normal high water mark of flowing waters upstream from the point where such channels drain 50 square miles; (b) the upland edge of those freshwater wetlands identified in Section 10.23,N,2,a,(1),(c) and (2), and (3); and (c) the normal high water mark of bodies of standing water less than 10 acres in size, but excluding bodies of standing water which are less than three acres in size and which are not fed or drained by a flowing water.
The following uses are allowed without a permit from the Commission within P-SL subdistricts:
The following uses are allowed without a permit from the Commission within P-SL subdistricts subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-SL subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-SL subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,2 and 3, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-SL subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-SL subdistricts but are regulated by the Maine Forest Service.
All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in P-SL subdistricts.
The purpose of the P-UA subdistrict is to protect areas of significant natural, recreational, historic, scenic, scientific or aesthetic value which are susceptible to significant degradation by man's activities, and for which protection cannot adequately be accomplished by inclusion in any of the other subdistricts.
Areas identified by the Commission as important in preserving the historic, scenic, scientific, recreational, aesthetic or water resources of the region or State and which have special land management requirements which cannot adequately be accomplished within another subdistrict, provided that the area is essential to the values sought to be preserved and is no larger than reasonable to protect such values. P-UA subdistricts must include, but are not limited to, historic or archeological sites or structures, scientific phenomena, natural areas, or important water supply sources. Federal and State Parks and lands, except for public reserved lots, that are not included in P-RP subdistricts may be placed in this subdistrict.
The following uses are allowed without a permit from the Commission within P-UA subdistricts:
The following uses are allowed without a permit from the Commission within P-UA subdistricts subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, may be allowed within P-UA subdistricts upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-B, and subject to the applicable requirements set forth in Sub-Chapter III:
The following uses, and related accessory structures, are may be allowed within P-UA subdistricts upon issuance of a permit from the Commission according to 12 M.R.S. §685-B and subject to the applicable requirements set forth in Sub-Chapter III, provided that the applicant can show by substantial evidence that the use is compatible with and will not detract from the values of the resources protected by the P-UA subdistricts:
The following uses, and related accessory structures, may be allowed within P-UA subdistricts as special exceptions upon issuance of a permit from the Commission pursuant to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in Sub-Chapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-UA subdistricts but are regulated by the Maine Forest Service. Instances where a permit for the activity issued by the Maine Forest Service also requires review and approval by the Commission are noted.
In instances where review and approval by the Commission are required, the Commission will consider all applicable requirements set forth in Sub-Chapter III, except for any criteria that are duplicative of criteria considered by another state agency, and the Commission will consider whether the activity will adversely affect the resources protected by the P-UA subdistrict.
All uses not expressly allowed, with or without a permit or by special exception must be prohibited in a P-UA subdistrict.
The purpose of the P-WL subdistrict is to conserve coastal and freshwater wetlands in essentially their natural state because of the indispensable biologic, hydrologic and environmental functions which they perform.
Preserving wetlands will promote the public health and safety of persons and protect property against the hazards of flooding and drought by holding back water during floods and retaining water during dry periods. Wetlands also maintain water quality for drinking, store nutrients from upland run-off in plant tissue, serve as settling basins for silt and sediment from upland erosion, stabilize water supply by maintaining the groundwater table and groundwater recharge and discharge areas, and provide plant, fish and wildlife habitat. Wetlands function as integral and irreplaceable parts of a larger natural system, influencing our climate, economy, environment, and natural heritage.
Insofar as this protection subdistrict also includes the area enclosed by the normal high water mark of surface water bodies within the Commission's jurisdiction, the purpose of this subdistrict must also be to help ensure compatible surface water uses on those water bodies where there is the potential for conflict with other uses and values of such water bodies.
The following uses are allowed without a permit from the Commission within P-WL subdistricts:
The following uses are allowed without a permit from the Commission within P-WL subdistricts, subject to the applicable requirements set forth in Sub-Chapter III:
Except as provided for in Section 10.23,N,3,b,(3) and (5), the following uses, and related accessory structures, may be allowed within P-WL subdistricts upon issuance of a permit from the Commission according to 12 M.R.S. §685-B and subject to the applicable requirements set forth in Sub-Chapter III:
Except as provided for in Section 10.23,N,3,b,(3) and (5), the following uses, and related accessory structures, may be allowed within P-WL subdistricts as special exceptions upon issuance of a permit from the Commission according to 12 M.R.S. §685-A(10), the criteria of Sections 10.24,B,1 through 3, and subject to the applicable requirements set forth in SubChapter III:
Pursuant to Statute, the following uses are not regulated by the Commission within P-WL subdistricts but are regulated by the Maine Forest Service.
All uses not expressly allowed, with or without a permit or by special exception, must be prohibited in P-WL subdistricts.
9 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
10 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
11 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
12 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
13 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
14 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
15 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
16 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
17 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
18 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
19 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
20 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
21 explanatory note: timber harvesting is not prohibited in this subdistrict, but instead is regulated by the maine forest service. (See P.L. 2011, ch. 599.) Refer to subsection "e. Uses Regulated by the Maine Forest Service."
01-672 C.M.R. ch. 10, § II-23